If my lawyer lied and misrepresented us and breach a lawyer client agreement can i sue my lawyer for legal mal?

[baigh75]

We had a malpractice case that our lawyer was suppose to be pursuing.But did not follow threw and there were medical records that wasn't gotten and we was told that our case was in the millions.But then before the statue of limitation ran out they said we didn't have a case.so can we sue our former lawyer for legal malpractice.

[ailwyn]

I'm sorry to hear about your dilemma. Hopefully I can provide you with some insight.

In my experience, the majority of the situations where malpractice suits have been attempted are similar to your own situation. That being said, very few of these are ever followed through because there are so may stipulations involved.

You will have to prove that your lawyer did in fact breach the standard of care that governs the attorney-client protocol. In layman's terms, you have to determine if what your attorney did was not simply poor strategy on their part, but due to a mistake that no other attorney worth a pinch of salt would make. Legal representation can be complicated for those outside of the industry to fully understand, so you may need an expert in the field to help you figure out if your lawyer is in the wrong. [I notice you were pursuing a malpractice case when this happened, which makes me especially weary. Be aware that some things the general public perceives are not as unabiding as they seem]

I'll give you an example where you may not have a case. Say for example I'm representing you, and at first everything looks all hunky-dory, but as we move forward new evidence emerges that can completely destroy your case. As your attorney, and out of respect for you, I'd rather end at that point than have the case drag on through trial where you would lose more money. I still have to do what's in YOUR best interest- you wouldn't want to lose $ would you?

If however you are still concerned, contact your local Bar Assoc., they will look into it

Best Regards

[varik]

You could try but I doubt it will get you very far. It may not hurt to speak with a different lawyer, though lawyers seem to be a fairly tight nit community, you never know if you are talking to one of his or her friends or not. Your best bet if you have a complaint against a lawyer is to report them to the local bar association in your area for them to investigate.